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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Banking Law
If a creditor fails to make required disclosures under the Truth in Lending Act after declaring a borrower in default on a loan, a borrower can rescind the loan by notifying the creditor of his intent to rescind within the three-year period from the loan's consummation date. Since the TILA did not include a statute of limitations outlining when an action to enforce such a rescission must be brought, courts must borrow the most analogous state law statute of limitations and apply that limitation period to TILA rescission enforcement claims.

Hoang v. Bank of America, N.A. - filed Dec. 6, 2018
Cite as 2018 S.O.S. 17-35993
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CALIFORNIA COURT OF APPEAL
Civil Procedure
The safe harbor provision from Code of Civil Procedure Sec. 128.7(c)(1) applies to a former Sec. 128.5 sanctions motion.

CPF Vaseo Associates, LLC v. Gray - filed Dec. 6, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5796
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Constitutional Law
Senate Bill No. 277 does not violate the constitutional right to attend school, nor does it violate the rights to substantive due process or privacy for parents or children opposed to vaccinations. The act also does not violate the right to free exercise of religion.

Love v. State Department of Education - filed Nov. 20, 2018, publication ordered Dec. 6, 2018, Third District
Cite as 2018 S.O.S. 5800
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